From Casetext: Smarter Legal Research

People v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Mar 13, 2001
281 A.D.2d 232 (N.Y. App. Div. 2001)

Opinion

March 13, 2001.

Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered March 12, 1998, convicting defendant, after a jury trial, of manslaughter in the second degree, and sentencing him, as a second felony offender, to a term of 7½ to 15 years, unanimously affirmed.

Melissa R. DiPalo, for respondent.

Robert E. Carrigan, for defendant-appellant.

Before: Williams, J.P., Tom, Andrias, Lerner, Saxe, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The jury could properly reject the self-serving justification claim made in defendant's statements while crediting his admissions made in the same statements that he shot the victim (see, People v. Rose, 215 A.D.2d 875, 876, lv denied 86 N.Y.2d 801).

When the court's sentencing remarks are viewed in context, the record does not establish that defendant's sentence was based on any improper criteria and we perceive no basis for reduction of sentence.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Mar 13, 2001
281 A.D.2d 232 (N.Y. App. Div. 2001)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT v. PATRICK JOHNSON…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 13, 2001

Citations

281 A.D.2d 232 (N.Y. App. Div. 2001)
721 N.Y.S.2d 768

Citing Cases

People v. Richards

In assessing whether evidence is legally sufficient to establish guilt of a charged crime, a court must…

People v. Natasha Sedunova

05; People v Hawkins, 11 NY3d 484, 492; People v Walker, 78 AD3d 1082, 1083; People v Bianco, 51 AD3d 940,…